Pre-Marital and Post-Marital Agreements
Pre/Post Marital Agreements
Pre-Marital agreements (also known as Pre-Nuptial agreements) are governed by the Pre-Marital Agreement Act which has been codified in the California Family Code. There are a number of requirements and guidelines that must be met to ensure that the pre-marital agreement is upheld in a court of law, should it ever be necessary. To ensure that your pre-marital agreement is consistent with public policy and meets the requirements necessary to make it enforceable in a court of law, it is best to have a knowledgeable and experienced attorney assist you in the matter.
Post-Marital agreements are also becoming more common, as married couples wish to identify their individual financial rights and
obligations after entering into a marriage.
What is Included in a Prenuptial Agreement
The contents of a prenuptial agreement can vary based on the specific needs and circumstances of the couple, but typically include:
- Financial Assets & Liabilities: Including how each will be divided in case of divorce.
- Property Division: If property was acquired during the marriage.
- Alimony/Spousal Support
- Inheritance Rights
- Debts
- Miscellaneous Provisions: This can include any other agreements the couple wants to make regarding their marriage, finances, or other matters.
What is Included In A Postnuptial Agreement
A postnuptial agreement outlines how assets, debts, and other finances will be handled in the event of divorce or separation. The elements included in a postnuptial agreement are more or less the same as a prenuptial agreement. A postnuptial agreement is a legal document and must meet certain legal requirements to be enforceable. It’s advisable for each party to seek independent legal counsel before signing a postnuptial agreement to ensure their rights and interests are protected.
If you and your partner are considering either one of these options, please give us a call to speak with an experienced family law attorney.
